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PHASE II SOWING DIVISION – CJ

By SIFISO NHLABATSI | 2024-11-14

CHIEF Justice Bheki Maphalala has observed that the non-implementation of the Phase II salary restructuring exercise for junior officers was likely to sow division in the police service.

He asked government’s legal team which is representing the national commissioner of police and His Majesty’s Correctional Services commissioner general in the case of suspended members of the Royal Eswatini Police Service staff Association (REPOSA) if they had noted that the issue might sow division amongst officers.

This was in relation to the Phase II salary restructuring exercise for junior officers within both the police and Correctional Services, which was commissioned by government through Circular No.1/ of 2014.

The circular effect was to meant to close the gap in the remuneration between junior and senior officers.

Circular No.1/2014 made provision for the of increase of salaries for senior officers in terms of Phase I, whilst junior officers were to benefit from the Circular under Phase II of same.

The court yesterday was informed that seven years later, when the Staff Associations discovered the circular, they still had not received the benefits which were due to junior officers.

This resulted into the association resolving to deliver a petition to demand the implementation of Phase II.

However, after delivering the petition, Secretary General of REPOSA Sergeant Dumsile Khumalo, was served with a letter inviting her to appear before an Administrative Board.

Other officers were suspended in relation to this incident. This led to the parties taking each other to court.

When the case appeared before the Supreme Court, CJ asked why Phase II was not being implemented for junior officers when same was done for the seniors.

He posed this question to Henry Sibandze and Mndeni Vilakati from the Attorney general’s chambers who were representing the NatCom and ComGen.

Sibandze had disclosed that for senior officers it was implemented in April, 2014. The CJ stated that about 10 years down the line still nothing was being done for the junior officers. “Is it really fair? Next thing you charge these people for disobeying orders when they follow up on the issue,” he said.

He said what was worse was that these officers who were speaking for bread and butter issues for the junior officers were being charged with misconduct.

Maphalala asked if this was the right thing to be done.
He stated that as a court they would do the right thing.

The CJ added that this was a very serious issue which affected the lives of many Emaswati.
He went on to ask the lawyer why the security services were being divided. He told government’s legal representatives that they also have a duty to give advice where they can.

When asked if there was anything that prevented Phase II from being implemented, government’s legal team failed to give a clear answer as Sibandze indicated that if the court could give him instructions he would come back with answers.

Judge Phesheya Senzangakhona Dlamini also reiterated the CJ’s sentiments that the case was a very critical one.

He said the three arms of government being the Judiciary, Legislature and executive had ended up being seized with the matter. He said the case was in parliament, cabinet and now it was before the courts.

Another issue that was raised by the judges was where should the staff association go to if they were aggrieved.

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